Injunction when refused

Civil Law




Injunction when refused

Sec. 41: An injunction cannot be granted –

  • To restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restrain is necessary to prevent a multiplicity of proceedings;
  • To restrain any person from instituting or prosecuting any proceeding in a court not sub-ordinate to that from which the injunction is sought;
  • To restrain any person from applying to any legislative body;
  • To restrain any person from instituting or prosecuting any proceeding in a criminal matter;
  • To prevent breach of a contract the performance of which would not be specifically enforced;
  • To prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
  • To prevent a continuing breach in which the plaintiff has acquiesced;
  • When equally efficacious relief can be certainly be obtained by any other usual mode of proceeding except in case breach of trust;

(ha) If it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.

  • When the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court;
  • When the plaintiff has no personal interest in the matter.

The Commercial Court, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

CHAPTER IIIA

PRE-INSTITUTION MEDIATION AND SETTLEMENT

Sec. 12A: (1) A suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of pre-institution mediation in accordance with such manner and procedure as may be prescribed by the rules made by the Central Government.

(2) The Central Government may, by notification, authorize the Authorities constituted under the Legal Services Authorities Act, 1987, for the purposes of pre-institution mediation.

(3) Notwithstanding anything contained in the Legal Services Authorities Act, 1987, the Authority authorized by the Central Government under sub-section (2) shall complete the process of mediation within a period of three months from the date of application made by the plaintiff under sub-section (1):

Provided that the period of mediation may be extended for a further period of two months with the consent of the parties:

Provide further that, the period during which the parties remained occupied with the pre-institution mediation, such period shall not be computed for the purpose of limitation under the Limitation Act, 1963.

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